FERPA is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. However, these rights transfer to the student when he/she reaches the age of 18, or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students".

What happens if your student violates this Code of Student Conduct and compromises their integrity?

If for some reason, your student were to violate the Code of Conduct and compromised their Integrity they would become involved with our discipline process. Based on the violation they would meet with a hearing officer in Residence Life, or be referred to the Office of Community Standards.

The Office provides students with programs that promote the realization of their own integrity and its relation to themselves and the University community. The Office also provides students with the tools needed for success in respecting the dignity of themselves and all persons in addition to upholding the policies and integral values and standards of the Creighton and surrounding community. The office will also deal with issues of discipline on and off campus.

The most typical violations of the Code of Conduct for students are around illegal alcohol possession, consumption, visitation, a noise violation, and/or failure to comply with the requests of a University Official. Participating in these activities, greatly compromises not only ones own integrity but the safe and collaborative community we live within.

What types of Sanctions can my student receive forviolating the Code of Student Conduct and compromising their integrity?

Sanctions are based on the level of the incident your student is involved and focus on an educational process in nature and promotion of community. After several incidents and documentations can result in Disciplinary Reprimand which is viewed as a written warning and a request to act with integrity, or Disciplinary Probation which changes the status of a student?s disciplinary record with the University. This status serves as notice that their behavior violates the University Code of Conduct, and that they may not hold an executive office in any registered student organization during this time and may be ineligible to participate in other activities based on the programs criteria. They also need to be aware that violations of University rules and regulations will in all likelihood result in suspension or expulsion.

A student is sent to the University Committee on Student Discipline after a serious incident or several incidents and the committee has the authority to suspend or even expel a student from the University.

First and foremost, rules governing the handling of student conduct matters at institutions of higher education are different from criminal statutes. Criminal prosecutions take place only when violations of law are alleged. On campuses, there are many types of violations that may not be violations of the law, but violate institutional community standards, such as academic dishonesty. There are other types of violations that mirror criminal statutes such as underage drinking. There are still others that may use similar terminology but are defined differently.

A second major difference between the campus process and the criminal process is the standard of proof. On Creighton's campus, there must be a preponderance of the evidence, enough evidence to tip the scales (i.e. 51% or "more likely than not"), before a student is found responsible for violating the student conduct code. This is the same standard used in most civil cases. In contrast, the standard in a criminal case is beyond a reasonable doubt, which is a 97%. Standards of proof in student conduct processes can vary somewhat from campus to campus.

Another difference is that the campus process is usually confidential whereas a criminal prosecution creates public records. For more on the limitations on disclosure of student records see the section below on the Family Educational Rights and Privacy Act (FERPA).

In addition, a campus's jurisdiction is more limited than the courts. Most institutions of higher education require some connection to the campus in order to address a violation of the code. By voluntary entrance into the Creighton University community, the student assumes obligations of performance and behavior, both on and off campus, reasonably imposed by the institution. These obligations are in addition to those imposed on all citizens by the civil and criminal law.

Yet another difference is that the process on Creighton's campus is a hearing and not a trial, and as such, not adversarial in nature. Therefore, the institutionís process does not have the same procedures as a criminal trial. The student has the right to the assistance of an advisor, from within the University community, both in the preliminary conference and at the hearing of the University Committee on Student Discipline, the Integrity Council, or an Administrative Hearing Panel. Obtaining an advisor is the studentís responsibility. The studentís advisor may not be an attorney, except that an attorney employed by the Creighton University Law School may act as the advisor for a law student. This is mainly to preserve the educational nature of university disciplinary hearings. It is important for students to represent themselves and to explain their conduct to others.

Finally, as the student conduct process is considered an educational tool, the sanctions imposed tend to focus on repairing harm to the community, to victims, and to the institution as a whole. They also take into account what the student needs to learn from the situation. The process focuses on helping the student understand why his/her behaviors violated community standards and how the person can avoid making the same mistake again. It is also focused on helping the student see how the instances of misconduct affect others. These are generally not addressed in the criminal process. However, where weapons or violence are involved, students may be facing separation from the institution. In these instances, the campusís primary concern is maintaining a safe environment and an educational response would not be appropriate.

This process can be avoided by simply following the agreements laid out in the Student Handbook and not compromising their integrity. A copy of the handbook is available on the main Office of Community Standards and Wellbeing page.

To assist students in an understanding of the impact alcohol can have on their lives, TRAAC is a program implemented to care for intoxicated students who could be in danger of hurting themselves or others. It provides students with proper medical attention and a safe environment in which to recover.

T.R.A.A.C. Standard Operating Procedures for Intoxicated Students:

1. A student is identified as potentially being intoxicated by demonstrating impaired judgment, impaired reactions, decreased coordination or unresponsiveness.

2. A medical assessment and field sobriety tests are administered.

3.The student is transported to University Campus if determined appropriate by the medical assessment.

4. Parents are notified.

5. Student is assessed by a University Campus physician to determine course of action. At risk students are transported to Bergan Mercy and hospitalized or placed in an emergency room bed where they will be monitored.

6. Student is released from University campus with the approval of a Creighton Health Services physician and may be transported back to campus.

7. The incident is documented and referred for disciplinary action, which normally results in a student status of disciplinary probation, withdrawal, suspension or expulsion; $250 restitution fee; and educational sanctions.

8. If the student fails to comply with TRAAC Standard Operating Procedures the student may be immediately suspended or expelled from the University.